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HomeMy WebLinkAbout9300-9307• • RESOLUTION NO. 9307 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING WATER AND WASTEWATER IMPACT FEES WHEREAS, Chapter 4.20.140 of the City of San Luis Obispo Municipal Code establishes water and wastewater connection fees, hereinafter referred to as impact fees, and provides for the setting of fee amounts and other matters by resolution of the Council; and WHEREAS, the Council has reviewed the WATER AND WASTEWATER SYSTEM MASTER PLANS which identify needed improvements to the City's water and sewer systems to meet General Plan build -out; and WHEREAS, David Taussig and Associates has prepared an AB 1600 FEE STUDY UPDATE dated February 25, 2002 showing appropriate impact fees based on these master plans; and WHEREAS, the Council has approved the Water Element to the General Plan that identifies the amount of water necessary to meet build -out based on adopted planning policies; and WHEREAS, the March 12, 2002 study titled WATER DEVELOPMENT IMPACT FEES updates water supply costs based on the best engineering information available and allocates them appropriately to new development. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis . Obispo as follows: SECTION 1. FINDINGS a. The purpose of water and wastewater impact fees is to protect the public health, safety and general welfare by providing adequate water supply, treatment, distribution and wastewater collection and treatment facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City's water and wastewater facilities and improvements. b. The water and wastewater impact fees collected pursuant to this resolution shall be used only to pay for facilities and improvements identified in the impact fee analysis and shall not be in lieu of any other fee or tax as may be required. C. There is a reasonable relationship between the types of development on which the impact fees are imposed and the use of the impact fees and the need for the facilities and improvements. All new development requires adequate water supply, treatment and distribution as well as wastewater collection and treatment facilities to protect the public health and safety. d. There is a reasonable relationship between the amount of the fee and the cost of the facilities and improvements attributable to the developments on which the fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for by R 9307 • o Resolution No. 9307 (2002 Series) Page 2 connection fees are shown in the February 25, 2002, Water and Wastewater AB 1600 Fee Study Update prepared by David Taussig and Associates, Inc., and the March 12, 2002, Water Development Impact Fees study prepared by the City of San Luis Obispo Finance Department. The costs have been allocated to new development on the basis of dwelling unit type (residential) or water meter size and estimated strength of sewer system discharge (non - residential), which are reasonably related to the water and wastewater facility capacity consumed by a development project. SECTION 2. COST ESTIMATES At any time that the actual or estimated costs of facilities identified in the impact fee analysis changes, the Finance Director shall review the impact fees and determine whether the change affects the amount of the impact fees. If the impact fees are significantly affected, the Finance Director will recommend to the Council a revised fee for their consideration. SECTION 3. AMOUNT OF IMPACT FEES Effective July 1, 2002, water and wastewater impact fees shall be in the amounts set forth in Exhibit A attached hereto. Unless otherwise acted upon by the Council, the amount of the fees will automatically be adjusted on July 1 of each subsequent year by the annual percentage change in the U.S. Bureau of Labor Statistics consumer price index for all urban consumers (CPI -U), all - cities average for the prior calendar year. SECTION 4. TIME OF PAYMENT a. Impact fees for any development project or portion thereof shall be payable prior to issuance of building permits required for that development, and shall be collected by the Building Official. Under Government Code Section 66007(b), the City is authorized to collect the fees at the time of building permit issuance because the fees are for public facilities and improvements for which an account has been established and funds appropriated, and for which the City has adopted a proposed construction schedule; or the fees are to reimburse the City for expenditures previously made. b. For any development project or portion thereof; impact fees shall be assessed at the time of application and remain valid for as long as the processing time period allowed by the Uniform Administrative Code as adopted by the Council. SECTION 5. EXEMPTIONS a. Fire Protection. Upgrading existing water service and/or meters for the sole purpose of providing new or improved fire protection facilities shall be exempt from any impact fee provided for in this resolution. b. Landscape Irrigation. No wastewater impact fees will be charged for meters installed solely for landscape irrigation purposes. Resolution No. 9307 (2002 Series) Page 3 SECTION 6. SEPARATE ACCOUNTS The Finance Director shall deposit fees collected under this resolution in a separate water impact fee and wastewater impact fee accounts as required by Government Code Section 66006. Within one hundred and eighty (180) days of the close of each fiscal year, the Finance Director shall make available to the public an accounting of these fees, and the Council shall review that information at its next regular public meeting. Upon motion of Mayor Settle, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: Council Member Ewan ABSENT: None The foregoing resolution was adopted on April If A ST: Lee Price, City Clerk APPROVED AS TO FORM: '.. ttomey 7`tv, • 0 EXHIBIT A (Resolution No. 9307) Water and Wastewater Development Impact Fee Schedule . Effective July 1, 2002 WATER DEVELOPMENT IMPACT FEES WASTEWATER DEVELOPMENT IMPACT FEES EDU* Citywide Afea- Specific "Add -On" Airport Margarita Residential Area- Specific "Add -On" Per Unit Airport Single Family Residential 1.0 $ 11,256 $ 746 Multi - Family Residential 0.8 9,005 597 Mobile Home 0.6 6,754 448 Non - Residential Edna -Islay McBride Hills Meter Size Residential 3/ Inch 1.0 11,256 746 1Inch 2.0 22,512 1,492 11/2 Inch 4.0 45,024 2,984 2Inch 6.4 72,038 4,774 3 Inch 14.0 157,584 10,444 4Inch 22.0 247,632 16,412 6Inch 45.0 506,520 33,570 WASTEWATER DEVELOPMENT IMPACT FEES * Equivalent dwelling unit ** Citywide non - residential EDU is adjusted upwards by about.3.5% to account for higher discharge strengths Area- Specific "Add -On" Airport Dalidio Margarita Madonna Irish EDU* Citywide Edna -Islay McBride Hills Orcutt Residential Per Unit Single Family Residential 1.0 $ 3,236 729.00 $ 207 $ 367 $ 1,689 Multi- Family Residential 0.8 2,589 583.20 166 294 1,351 Mobile Home 0.6 1,942 437.40 124 220 1,013 Non - Residential Meter Size ** 3/a Inch 1.0 3,350 729.00 207 367 1,689 1Inch 2.0 6,700 1458.00 414 734 3,378 1'fe Inch 4.0 13,400 2916.00 828 1,468 6,756 2Inch 6.4 21,440 4665.60 1,325 2,349 10,810 3Inch 14.0 46,900 10206.00 2,898 5,138 23,646 4Inch 22.0 73,700 16038.00 4;554 8,074 37,158 16 Inch 1 45.0 1 150,750 1 32805.00 9,315 1 16,515 1 76,005 * Equivalent dwelling unit ** Citywide non - residential EDU is adjusted upwards by about.3.5% to account for higher discharge strengths �-R1� � �� �G�J ���" �� ���� ,11-�����y� � . Wv RESOLUTION NO. 9306 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO URGING COMPUTER AND OTHER HAZARDOUS ELECTRONICS PRODUCERS TO TAKE RESPONSIBILITY FOR REUSE AND RECYCLING OF THEIR PRODUCTS, AND SUPPORTING SB 1619 AND SB 1523 WHEREAS, hazardous electronic discards are an increasing problem, with more than 6,000 computers becoming obsolete in California every day, and 3.2 million tons of electronic waste ending up in United States landfills in 2000 and estimated to quadruple in the next few years; and WHEREAS, hazardous electronics contain lead, cadmium, mercury, hexavalent chromium, polyvinyl chloride, brominated flame retardants and other materials that can pose hazards to human health and the environment when handled improperly; and WHEREAS, the California Department of Toxic Substances Control recently affirmed that discarded cathode ray tubes, such as those found in televisions and computer monitors, are prohibited from disposal, increasing concerns and costs regarding handling management and liability; and WHEREAS, discarded computers and televisions may represent just the tip of a growing and hazardous electronics wasteberg; and WHEREAS, managing hazardous electronic scrap through the City's existing household hazardous waste program will potentially double the volume and cost of this already over- burdened program; and WHEREAS, only 14% of personal computers that became obsolete in 1998 were recycled or refurbished; and WHEREAS, the City is committed to protecting public health and the environment from hazardous discards, while reducing waste and increasing recycling consistent with state waste diversion requirements; and WHEREAS, the form, volume and toxicity of electronics scrap demands substantially greater producer responsibility for: 1) reducing the amount of hazardous materials in electronic devices; 2) diverting hazardous electronics from solid waste disposal; and 3) increasing the reuse and recycling of electronic devices and components; and WHEREAS, extended producer responsibility principles, such as those being adopted by several countries in the European Union, will foster the development of sustainable design and recovery of hazardous electronic equipment by shifting the default burden of management responsibility from local government, ratepayers and taxpayers back to the manufacturers, /, • J Resolution No. 9306 (2002 Series) Page Two distributors and consumers of such products, in part by internalizing lifecycle costs in the price of such products. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby urges its State Assembly and State Senate Representatives, by letter and receipt of this Resolution, to support Senate Bill 1619 (Romero) and Senate Bill 1523 (Sher) requiring computer and other hazardous electronics producers to operate or fund comprehensive programs whereby products are sustainably designed and labeled, consumers receive a financial incentive for proper disposal, a convenient collection infrastructure yielding a high rate of recovery is created and environmentally sound reuse followed by recycling is maximized. Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 16`s day of April 2002. Mayor Allen Settle Lee Price, City Clerk APPROVED AS TO FORM: /. / FP, _ ,i ovrllfi� 0 • O RESOLUTION NO. 9305 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Departments of Public Works and Fire have identified equipment no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. All items of property listed in "Exhibit A" are no longer needed by the City and are surplus property. SECTION 2. Disposal of the property shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 16`s day of April 2002. ATTES ., L9 Lee Price, City Clerk APPROVED AS TO FORM: FA VIA MARIA Mayor Allen Settle R 9305 • o List of Surplus Vehicles & Equipment consigned for auction EXHIBIT A R 9305 Estimated Repl. Guidelines I Actual Year Make ID# Model License # Vehicle I.D.# I Val I Yrs Miles Yrs Miles jPublic-Works - Buildings DiJisidn Vehicles - . 1990 Dodge 9009 D250 Utility Bed E090123 1B6JE26Z3LS751209 scrap 12 60,000 12 54,334 Fire Department E uipment j n/a Onan 17.5 KW Skid Mount Generator 2,000 n/a Water Buffalo Trailer Mounted 300 n/a Water Buffalo Trailer Mounted 300 n/a Water Buffalo Trailer Mounted 300 TOTAL ESTIMATED VALUE 2,900 G:Groups/Finance /Surplus/Equip & Vehicles March 2002 Council Page 1 of 1 4/18/02 11:55 AM C)L/ • o RESOLUTION NO. 9304 (2002 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE RIPARIAN AND RIVERINE HABITAT GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION ACT OF 2000 FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the People of the State of California have enacted the Riparian and Riverine Habitat Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Act of 2000 (Proposition 12), which provides grants to local agencies to increase public recreational access, awareness, understanding, enjoyment, protection, and restoration of California's irreplaceable rivers and streams; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Riparian and Riverine Habitat Grant Program for State grant assistance for the Ahearn property acquisition project for purposes of riparian habitat protection, enhancement and public recreation; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has, or will have, sufficient funds to operate and maintain the property, and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. R 9304 • i Resolution No. 9304 (2002 Series) Page 2 On motion of Council Member Mulholland seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 10" day of April 2002. Allen K. Settle, Mayor Lee Price, City Clerk . APPROVED AS TO FORM: Attorney RESOLUTION NO. 9303 (2002 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE LAND AND WATER CONSERVATION FUND IN SUPPORT OF THE PROJECT KNOWN AS THE AHEARN PROPERTY ACQUISITION WHEREAS, the Congress of the United States has established the Land and Water Conservation Fund, which provides funds to the States for grants to local agencies to acquire and/or develop facilities for public recreation and wildlife habitat protection purposes; and WHEREAS, the California Department of Parks and Recreation has been assigned the responsibility for the administration of a portion of the program within California, including the establishment of necessary procedures governing grant applications by local agencies under the program; and WHEREAS, said procedures require the applicant to certify by resolution the approval of the application before submission of said application to the State; and . WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application to the Land and Water Conservation Fund Grant Program in support of the Ahearn property acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Mulholland seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None R 9303 • • Resolution No. 9303 (2002 Series) Page 2 The foregoing resolution was adopted this 16`h day of April 2002. Allen K. Settle, Mayor ATTEST: Lee Price,'City Clerk APPROVED AS TO FORM: I� v m, � � tt �+ 6it orney O RESOLUTION NO. 9302 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE ASSIGNMENT OF THE SOLID WASTE, RESIDENTIAL CURBSIDE RECYCLING AND GREEN WASTE COLLECTION FRANCHISE AGREEMENTS TO WASTE CONNECTION, INC. WHEREAS, the public health and safety demand the orderly and periodic collection and disposal of solid waste from properties within the City of San Luis Obispo (City); and WHEREAS, San Luis Garbage Company (SLG) is the holder of three exclusive franchise agreements to provide solid waste (Ordinance no. 1319), residential curbside recycling (Ordinance no. 1396) and green waste collection (Ordinance no. 1396), transportation and disposal services to the City (hereinafter referenced as Franchise Agreements); and WHEREAS, by a letter dated January 16, 2002, SLG notified the City that SLG had entered into a purchase agreement with Waste Connections, Inc. (WCI) to transfer all of its operations upon consummation of the transaction to WCI; and WHEREAS, the transaction constitutes an assignment within the meaning of Article 13 of the Franchise Agreements; and WHEREAS, Article 13 of the Franchise Agreements with SLG requires the prior written consent of the City to allow SLG to assign the Franchise Agreements to WCI; and WHEREAS, SLG and WCI have requested the City to consent to the assignment; and WHERAS, WCI deposited the sum of $15,000 with the City pursuant to 13.1 (2)(A) of the Franchise Agreements to pay for a City consultant to review its business operations; and WHEREAS, the City hired Hilary Theisen Consulting to review WCI's operational experience and financial stability and concluded that WCI has ability to satisfy the franchise assignment criteria; and WHEREAS, SLG and WCI have fulfilled the all the requirements of Article 13 regarding the assignment of the Franchise Agreements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City consents to the assignment of the Solid Waste., Residential Curbside Recycling and Green Waste Franchise Agreements from SLG to WCI subject to the following conditions: 1. Assignee shall agree to be bound by each and all requirements of Article X, Sections 1001 through 1007 of the San Luis Obispo City Charter. R 9302 G Resolution No. 9302 (2002 Series) Page 2 2. Upon the consummation of the transaction between SLG and WCI, WCI accepts the franchise obligations contained in the Solid Waste (Ordinance no. 1319), Residential Curbside Recycling (Ordinance no. 1396) and Green Waste Franchise Agreements (Ordinance no. 1396). 3. The assignment herein shall not become effective until WCI accepts in writing the conditions of this resolution and the franchise obligations contained in the Franchise Agreements. Such acceptance shall be filed with the City Clerk within thirty (30) days after the date of the approval of this resolution consenting to the assignment of the Franchise Agreements. 4. WCI acknowledges and agrees that the consent to the assignment is made in reliance upon the representations, documents and information provided by WCI in connection with the assignment, all of which are incorporated into Franchise Agreement by reference. 5. WCI agrees to defend, indemnify and hold the City harmless against any loss, claim, damage, liability or expense arising out of this assignment and/or incurred as a result of any representation or warranty made by WCI to the City in connection with the assignment which proves to be untrue or inaccurate in any material respect. 6. At least five (5) business days prior to the consummation of the assignment, WCI shall provide to the City certifications of insurance on all policies required by the Franchise Agreement. 7. At least five (5) business days prior to consummation of the assignment, WCI shall execute a performance bond that meets or exceeds all of the requirements in Article 10 of the Franchise Agreement. 8. At least five (5) business days prior to consummation of the of the assignment, WCI shall provide to the City evidence that all necessary permits and licenses have been obtained to perform the obligations contained in the Franchise Agreement. Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call voter AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None Q 0 Resolution No. 9302 (2002 Series) Page 3 The foregoing resolution was adopted this 2nd day of April 2002. Allen Settle ATTEST: Lee.Price,'City Clerk APPROVED AS TO FORM: • / t. `I AyAttorney . � � �� ,�y,� �� � cf a �.� G a �� N RESOLUTION NO. 9301 (2002 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ESTABLISHMENT OF PARKING CITATION FEES, PENALTIES, SURCHARGES, AND PROCESSING; AND ESTABLISHING PARKING FEES AND HOURS FOR USERS OF THE CITY'S PARKING STRUCTURES; AND RESCINDING RESOLUTION NO. 9180 (2001) WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and collection costs related to civil debt collection, late payment penalties, and other related charges; and WHEREAS, State law and the issuing agencies authorize the adoption of uniform fees, penalties, collection, adjudication process, authority to issue parking citations for California Vehicle Code and local regulations, and to establish a compliance program for parking citation processing; and WHEREAS, the City wishes to provide secure and user friendly parking for all users of the parking structures; and WHEREAS, the parking program needs to continue to be self - sufficient for its financial commitments; and WHEREAS, the City has the support of the Downtown Association to implement changes in the parking fines, parking garage rates and hours; and WHEREAS, the Council has considered the staff report and held a public meeting on the proposed changes to the parking fines, parking garage rates and hours. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 9180 is hereby rescinded. SECTION 2. The City has implemented the required provisions for processing parking citations and hereby establishes the penalties for parking violations, late payment penalties, administrative fees, and other related fees for all parking violation codes as set forth in Exhibit A, attached hereto and incorporated herein. SECTION 3. The parking rate and hours for charging fees in the city's parking structures shall be the first 60 minutes free and 50 cents per hour with a daily maximum of $5.00 per visit from 8 a.m. until 7:00 p.m. each Monday, Tuesday, and Wednesday. SECTION 4. The parking rate and hours for charging fees in the city's parking structures shall be the first 60 minutes free and 50 cents per hour with a daily maximum of $5.00 per visit from 8 :00 a.m. until 11:00 p.m. each Thursday, Friday and Saturday. Sundays will be exempt from any parking garage fees. R 9301 Page 2 O Resolution No. 9301 L002 Series) SECTION 5. The monthly fee for proximity cards (Proxcards) for the Marsh Street Parking Structure shall be $50.00 per month. The monthly fee for proximity cards (Proxcards) for the Palm Street Parking Structure shall be $40.00 per month. An increase of $5.00 per month will be implemented at the Marsh and Palm Parking Structures, effective two (2) years from the date of this Resolution. SECTION 6. Program 6.1 of the Parking Management Plan is hereby amended to read as follows: Parking fund revenues will be used to: a) maintain and expand parking operations and supply and b) repay bonds that financed the construction of the parking structures. Pilot or "test case" parking demand reduction activities may also be funded, provided that they are also monitored, within a defined period of time, and success is measured. Those activities deemed successful shall continue to receive funding, support and monitoring. Upon motion of Council Member Mulholland, seconded by Council Member Ewan and on the following roll call vote: AYES: NOES: ABSENT: Council Members Ewan, Mulholland, Schwartz, Settle None None The foregoing resolution was adopted this 2nd day of April A T ' City Clerk tcffmlil ma. YA Vice Mayor Marx and Mayor MOM c a CD z Iz cn A 7 CD d N O O N. m 0 v� Cn C/J Cn (n Vi v� (n v� to .fn t/1 Vi Vi Cn t/� Cn t/� Vi C/1 to Cn cn Cn v� v, cn to Cn v� Vi v� n d rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr p nnnnnnnnnnnnnn .nnnnnnnnnnnnnnnnnn m tW W W lJ W W W W W W W W W tJ [J IJ lV IJ IJ lV IJ lV N A N N N N t1i 0 O. 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Effective April 11, 2002, the City Attorney shall receive a lump sum payment of $5,513 in lieu of a 4% salary increase. The monthly salary for City Attorney shall remain at $10,681 plus the employee's 7% PERS contribution included in salary. SECTION 2. The annual administrative leave of 80 hours will continue to be converted to a pay -only provision to be included in salary. SECTION 3. All other compensation and benefits afforded the City Attorney under Resolution No. 9247 (2001 Series), Resolution 9040 (2000 Series), Resolution No. 9088 (2000 Series), and the City Attorney Employment Agreement (Resolution No. 6689 - 1989 Series) not superseded by the above, shall remain in full force and effect. SECTION 4. The City Council shall evaluate the performance of the City Attorney annually. FIMMIT11 Resolution No. 9300 X7002 Series) Page 2 On motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, and Mayor Settle NOES: None ABSENT: None Mulholland, Schwartz, Vice Mayor The foregoing Resolution was passed and adopted this 2nd day of April 20 2. MAYOR ALLEN SETTLE ATTEST: APPROVED AS TO FORM: 10 A.P N